Thursday, September 05, 2013
Mezzacappa Libel Lawsuit's Next Step - Damages
I filed an Amended Complaint, including some additional defamatory remarks made by Mezzacappa during the intervening period, and waited for an answer. There was none. At this point, my attorney, Rick Orloski, served Mezzacappa with a Notice of Intention to Enter Judgment by Default. Still no answer.
Judge Anthony Beltrami, reviewing the file, concluded that Mezzacappa was in default and I could enter judgment on the issue of liability. So I did.
The very next day, Mezzacappa filed preliminary objections. She claimed her failure to respond earlier was the result of "non-negligent circumstances," but fails to set them out.
This matter was placed on the argument list on September 3. The next day, Judge Kimberly McFadden issued an order dismissing Mezzacappa's preliminary objections, finding they are both "patently untimely" and moot.
On her blog, Mezzacappa has attempted to mislead readers by asserting that the libel case was "Was Tossed Out of Court, Lock Stock and Barrel."
Judge McFadden appears to have a different view.
We will now ask the Court to assess damages against Mezzacappa. All of her republications of defamation, including those made on WGPA, will be introduced to establish punitive damages.
She's lost. The only question remaining now is how much she will have to pay a Plaintiff she has continued to defame and an attorney she has repeatedly disparaged.